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They have harassed me for years and it always seems to happen around the holidays. They don’t live here, either. I have made home improvements to the house. Installed a security system to help my dad feel safe. I pay for someone to mow, paid his taxes one year, help with his meds, buy groceries, help with bills, buy his clothes, etc. I’ve been there for him and make him feel comfortable. I also work 75 hours a week and do not bother anybody. He is the homeowner and now my two sisters (not him) want to kick me out knowing I can’t afford to live anywhere else. What are my legal rights? Can I file charges on them for harassment and grief? Help! I’m feeling helpless. We live in TX.

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If your Dad has not made anyone Durable Power of Attorney (POA) & he is of sound mind and wants to remain at home with you caregiving, then your sister's cannot make you leave. If he has set up a DPOA, but is still of sound mind, he can revoke or change the DPOA. Have you asked your sister's what they plan to do with your Dad if you do leave? If they plan to sell the house and put him in some type of facility, he will be expected to use that money to pay for his care. Assisted Living is private pay, and skilled nursing can be private pay or Medicaid paid. But with Medicaid, he will need to pay the facility cost until his financial worth is around or under 2 thousand dollars in total (or less). Once the house money is spent on the facility, they will take his social security and pension, letting him keep a small stipend monthly to pay for personal items.
If your sister's plan to sell the house and keeping the cash before applying for Medicaid, they will have to cough up the cash, since Medicaid looks 5 years back into his finances to make sure no family hides assets. If they want the cash from the house, their best plan is to keep things as they are and when your Dad dies, they can get their share then. You can offer to buy them out at that time, and get a loan to pay for the buyout. Your sister's should feel lucky you are caring for him and not taking financial advantage of him. If that's what they are worried about, see if Dad wants to meet with all of you together about such.
See an elder care attorney to answer specifics. Good luck.
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Reply to JanPeck123
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It Shouldn't... But My Father Is A Heart Patient And My Youngest Sister Has Power Of Attorney That She's Had Since 1985. My Mother Gave It To Her When She Was In The Hospital So She Could Deposit Her Checks. She Throws It Around Like She's God, Too. Also! They Both Have A Motive. There Is A Will That States When My Dad Passes God Forbid. That The House And Everything Is To Be Sold And Split Between Us. I Don't Want That, I'd Rather Have The House Because It's My Childhood Home. Anyway! My Dad Is 88 And I Believe I'm In The Way. With Me Gone They Can Put Him In A Home And Take Control Of Everything. He Has Never Been Diagnosed With Dementia And He Seems To Be Of Sound Mind, But They Have Told Him, If I Don't Leave, They Will Evict Me. They're Both Very Selfish, Vindictive, And Evil. They Don't Care If I Sleep On The Streets Because I Can't Afford A Place. The Anxiety They Are Causing Me Is Overwhelming And I Can't Take Much More.
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Reply to Amandabear
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AlvaDeer Oct 19, 2024
1. They have NO POWER as long as your father is not demented.
2. You clearly do not understand POA at all.
3. No one who is POA can act in any way against what the principal wants UNTIL and UNLESS the courts have deemed him INCOMPETENT under the law.
So the sisters cannot evict ANYONE EVER from his home.
4. Your father can make ANYONE in this entire world his POA TOMORROW which would revoke any rights the sisters have. TOMORROW. He can make YOU the POA tomorrow if he wants to. Clearly your sisters don't understand power of attorney and how it works either.
5. As to the will, the sisters would be making a massive mistake in getting father into the care home. Because his money would go quick and if he got on Medicaid then when he dies the home would go to NONE OF YOU, but to repay Medicaid.l

Because you are so woefully misguided in understanding a POA, what it is and how it works, and because your sisters are as well, then I suggest you see an elder law attorney together so you can learn all about it. Meanwhile you can tell sisters that you father is A) not adjudged incompetent before the court due to senility so they have no right to act for him B) that the sisters cannot evict ANYOE C) That your father could make YOU his POA tomorrow if he wanted to.

As to how the will divides the home, if any home is left to be divided after the government gets through with it, the I think three ways sounds about right. And the three of you can continue to squabble along as you are now.
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Is your dad cognizant?
If so he is the one that tells you to stay or go.
If your siblings, either one are POA and dad is not cognizant they can set the "rules" and can do what they see fit to manage dad, his finances and make sure he is safe.
I strongly advise you NOT to spend YOUR money on home improvements to a house that is not yours.
Do not pay property taxes on a house that is not yours.
Pay YOUR fair share of all the expenses.
If dad is cognizant and he NEEDS a caregiver then get a WRITTEN contract your services as a caregiver. And your pay (use the going rate of what a caregiver gets pain in your area.) And you have to pay for your share of the expenses. ("room and board" is not a fair nor legal exchange for caregiving)

If dad is not cognizant and he does not have a POA you may need an attorney and file to become his Guardian.
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Reply to Grandma1954
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I am very sorry, but with all the wonderful things you have done for your Dad, he apparently now is not telling the sisters to Go to Hades"?
You do not tell us here that your father has dementia?
You do not mention if your father ever gave your POA?
You do not tell us if you ever had a care contract?

What this begins to look like is that you have merely lived with your father for the last 13 years, and I am certain your "wicker sisters" will want to add "rent free".
You say you have been working? If you are, indeed, not paying rental, then it is my hope that you have saved your money. If your father choose not to defend you then I think it best YOU choose to leave and move somewhere else, relieving yourself thereby of all of them. On the face of what you have told us there's no loss here.
Unless there is a whole lot you have NOT told us yet?

Tell us: What does father have to say to the sisters?
Because if your FATHER, who is the HOMEOWNER doesn't want you gone, I cannot imagine what it matters what the sisters say?
Does it?
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